So my question is about my logos..... I have 2 signature logos, do I coppyright and register the logos or do I trademark them with the name? if I trade mark them will I have to do 2 seperate trademarks or can I group them since they will be used for the same company name?
Which form do I need to fill out to Trademark my brand name?
How do I go about copyrighting my multiple designs at one time... say I have a summer collection of 10 - 20 shirts and want to copyright those shirts, is it possible to copyright a series of shirts or do I have to copyright each individual design?
Does each design need a name when copyrighting?
I have all my designs for my first launch and the only thing holding me back is knowledge of the legal part of all this. I don't want anyone jacking my designs but I want to get started asap. I did a Name seach and nobody has the name. Also I heard if you use a DBA (doing business as) say doing business as Volcom brand, that would protect your brand legally and save you money until you are ready to trademark your brand. a DBA is a form you get through the city but I don't think it protects you state to state. Any info is helpful.
I love this site and appreciate all the positive feedback and all the answers to my questions. thanks guys.
Re: Trade Mark & copyright?'s my logos, my brand name
ok let me take a stab at some of your questions, and please someone correct me if im wrong.
TRADEMARK: basicly you would need to trade mark each of your logos seperate. you would also need to trademark the name of your brand separate. the only time you should trademark them together is if you plan on using them all together. an example of this would simply be a logo with the brand name under it. other wise they would need to be trademarked seperate.
and the fee is $325. which brings me to your question of the application. basicly it cost 325 online and 375 if you was to submit a paper copy (im not sure where you would get a paper copy though.) what i would recommend to you as far as the trademark, if you plan on doing it your self... is to set some time aside and go to uspto.gov and just browse. they have all types of useful info.
as far as the copyrights, thats something else you should be able to just research on the site. the designs that i did have copyrighted was rather easy to do and yes they must be named, and can be copyrighted as a collection.
if you was to do a dba (to my understanding) that would not necessarily protect the name for you, although it my establish that you where using it first, im learning that what gives you the right to claim a mark is whether your actually using it in commerce first (slangin shirts). one thing you might want to do is get a state trademark which is cheaper.
but basicly go online to the uspto trademark site and check out other marks. you have some companies like FSAS that has the fsas, famous stars and straps, about 3 different versions of the logo, all seperate trademarks. you should probably invest in federally trademarking which ever is more unique to you. if its your name, than trademark the name and copyright the logos until you can afford to trademark the logos (thats just what makes since to me though) if your logo is more unique and not so much your name, trademark the logo.
and last but not least im going to recommend to you a book that i been reading which has been a wealth of info. it cost about 40 bucks but its well worth the investment. espeally if your doing it yourself. let me find it.......here we go, its called "Trademark" legal care for your business & product name, 7th ed." this book was recommended to me by a guy from the SBA, and it seem to go into detail about everything you need to know. it dont go into detail as much as i would like it to about trademarking graphics. by the site have plenty info for that.
hope this helps, and if any of my info is incorrect, please let me know yal. im new to this myself.
Re: Trade Mark & copyright?'s my logos, my brand name
Quote:
Originally Posted by 50clint
I have 2 signature logos, do I coppyright and register the logos or do I trademark them with the name?
Logos you'll want to trademark.
Quote:
Originally Posted by 50clint
if I trade mark them will I have to do 2 seperate trademarks or can I group them since they will be used for the same company name?
I believe since they're separate marks they'll need to be registered separately, but I'm not sure.
Quote:
Originally Posted by 50clint
is it possible to copyright a series of shirts or do I have to copyright each individual design?
You can bind them into one work (book) and copyright that.
Quote:
Originally Posted by 50clint
Does each design need a name when copyrighting?
I doubt it (it's the named book being copyrighted, not each design separately), but I could be wrong. Either way, it doesn't hurt to name them. It'll make it neater if you have to sue someone ("Design 'Fruitcake' in book 'The Fruitcake Strikes Again!'" just has a better ring to me than "The design on page thirty-four of the book 'The Fruitcake Strikes Again!'").
Quote:
Originally Posted by 50clint
Also I heard if you use a DBA (doing business as) say doing business as Volcom brand, that would protect your brand legally and save you money until you are ready to trademark your brand.
(again, bear in mind I don't know a lot about this stuff, just trying to give you enough information to get started on further research, etc.)
In theory it could offer you some protection, but it's definitely not at the same level. You can have a common law trademark - you've used the name in trade, you claim ownership of it as a mark, but it's not officially registered. A DBA would be one of the many things you would use to try and get someone's trademark application denied if they applied for the same mark, showing that you have been using the mark in commerce and they shouldn't be granted the mark. So could it offer some protection? I believe so. But how does it compare to a registered trademark? It's not even close.
I suppose in other words it's better than nothing, but less than substantial.
Re: Trade Mark & copyright?'s my logos, my brand name
any information on copyrighting my designs. i read this whole thread and did read that you can do it as a book. do i contact like the capital or someone in austin, tx about this. or is this national. one more thing what about if im selling on a website any advice on this? thanks im going search some more about all this.
Re: Trade Mark & copyright?'s my logos, my brand name
Quote:
Originally Posted by ieaturheart
any information on copyrighting my designs. i read this whole thread and did read that you can do it as a book. do i contact like the capital or someone in austin, tx about this. or is this national. one more thing what about if im selling on a website any advice on this? thanks im going search some more about all this.
-austin
There's lots of information in the forums about copyrighting designs. Just keep reading through other threads Or go straight to the source: U.S. Copyright Office
Quote:
one more thing what about if im selling on a website any advice on this?
In order to get the best help, it's best to keep your questions relevant to each thread. So a thread about copyright might not be the best place to get information about ecommerce and selling via a website.
Read through several threads before you post a question asking for help...but if you can't find the information you're looking for, feel free to start a new thread and ask
Re: Trade Mark & copyright?'s my logos, my brand name
Quote:
Originally Posted by Rodney
In order to get the best help, it's best to keep your questions relevant to each thread. So a thread about copyright might not be the best place to get information about ecommerce and selling via a website.
Im sorry my question was not what I meant. I meant in regards to selling on the internet, what copyrighting, etc. would I need? I searched the forums for website copyrighting, selling on internet copyright, internet site copyright and did not really find what I was wondering so I asked. I will search the main source link you gave me though. Sorry my question was written in an unclear way. I am not meaning to seem like I am switching subjects and asking questions without doing any research.
Re: Trade Mark & copyright?'s my logos, my brand name
Quote:
Originally Posted by ieaturheart
Im sorry my question was not what I meant. I meant in regards to selling on the internet, what copyrighting, etc. would I need? I searched the forums for website copyrighting, selling on internet copyright, internet site copyright and did not really find what I was wondering so I asked. I will search the main source link you gave me though. Sorry my question was written in an unclear way. I am not meaning to seem like I am switching subjects and asking questions without doing any research.
-austin
Ahhh....I understand now. I get easily confused sometimes
A copyright is the same...there's no difference between a "selling on the internet" copyright or a "selling in a retail store" copyright.
The official copyright website has a Frequently Asked Questions page that answers a lot of those type questions as well.
Re: Trade Mark & copyright?'s my logos, my brand name
Just to see if I get this right because I was going to start a topic but this more or less what I was wondering:
First:
Trademark The Name (only)
====================
Then...
If you have a logo you will probably use most of the time with your company name ( or lets say for awhile, but maybe decide to change it down the line)
You Trademark the Logo & Name.. you give them a Jpeg File of the art work?
Re: Trade Mark & copyright?'s my logos, my brand name
You can find info on trademark pricing and policies here: Trademarks
You trademark your brand, not each individual design. Like "Nike" is a brand that would be trademarked, but they don't trademark every nike t-shirt design (although the t-shirt designs may be copyrighted).
This is a discussion about Trade Mark & copyright?'s my logos, my brand name that was posted in the General T-Shirt Selling Discussion section of the forums.